D I A S T O O L S F O R J M F C & C. J. M.

1. NON-BAILABLE I.P.C. OFFENCES 4.Further Production through VC for MCR is call for detailed report from medical officer Dr.
(Schedule-I) permissible. No police custody without Raghubir SharanVs.The State of Bihar, AIR
Ss. 115, 118, 119(II), 121 to 128, 130 to 134, physical production of accused. 1964 SC 1
153A, AA & B, 170, 174A, 194, 195A, 222(I-II), 5.Police custody not to exceed 15 days from the 14. S.438: Anticipatory bail.
225(II-V), 227, 229A, 231 to 258, 267, 274, 295, date of the first production -C.B.I. Vs. Anupam 15. S.445 Pending surety verification, Magistrates
295A, 302 to 304, 304B, 305 to 308, 311, 313 to J. Kulkarni, AIR 1992 SC 1768. has power to release accused on cash surety
316, 326, 326B, 327 to 329, 331, 332, 333, 353, 6.How to count when accused and thereafter asking him to furnish solvent
354, 354B, 354C(II), 354D(II), 355. 363A, 364 to surrendered: S .167(1), Cr.P.C. sureties Mr. Sajal Kumar Mitra and Ors.Vs.The
373, 376, 376A, 376C, 376D, 376E, 377, 379 to presupposes that police already had custody State of Maharashtra, 2011 Cri.L.J. 2744
384, 386, 387, 392 to 402, 406 to 414, 420, 436 to of an accused and hence, voluntary surrender Investigation
439, 449, 450, 451(II), 452 to 461, 466 to 468, before another Magistrate is not the first date 1. S.155(2): Magistrate's order to police to
476, 477, 489A, B & D, 493, 498A and 505). of production-State of WB Vs. Dinesh Dalmia, investigate N.C. offence.
Exclusively Sessions Triable I.P.C. AIR 2007 SC 1801) 2. S.156(3): Magistrate's direction (Without
Offences (Schedule-I) -Custody should not exceed 90 days in recording the verification-Mohd. Yousuf Vs.
Ss. 121 to 128, 130 to 132, 194, 195, 201, offences punishable with “not less than 10 Smt. Afaq Jahan and anr, .AIR 2006 SC 705) to
211(II), 222(I), 225(V), 232, 234, 235(II), 236, years” and 60 days in other offences-Rajeev the Officer-in-charge of police station to
238, 240, 251, 255, 302, 303, 304, 304B, 305 to Chaudhary Vs. State (N.C.T.) of Delhi, AIR investigate cognizable offence.
308, 311, 313 to 316, 326A, 326B, 328, 329, 331, 2001 SC 2369. *S.156(3) Application should be supported by
333, 363A(II), 364, 364A, 366, 366A & B, 367, -Before extending further custody beyond affidavit Mrs Priyanka Srivastava & Anr. Vs.
370, 370A, 371 to 373, 376, 376A, 376B, 376C, 60/90 days, the Magistrate should inform the State of UP & Ors.2015 (96) SCC 287
376D, 376E, 395 to 399, 400, 402, 412, 413, 436 accused about his right to bail and provide *Magistrate has discretion to reject S.156(3)
to 438, 439, 449, 450, 459, 460, 489A to 489D, free legal aid counsel -Hussainara Khatoon prayer and to direct for S.200 verification
500* 501* and 502* -*when the defamation is and ors. Vs. Home Secretary, AIR 1979 SC -Sachin Vs. The State of Maharashtra, 2014
against President/other named dignitaries. 1377. ALL.M.R. (Cri)1833.
Summary Triable I.P.C. Offences (S.260) -If the accused had to be released under S.156(3) and 200 Cognizance means not
135 to 140, 143 to 145, 147, 151, 153, 153AA, 154 section 167(2)(a), Magistrate should call the mere applying mind but for the purpose of
to 158, 160, 163, 166, 166A, 161B, 168, 169, 170, explanation on affidavit, of the I.O. for not proceeding under S.200 and its sunsequent
171, 171E, 171F, 171G, 171H, 171I, 172, 173, 174, filing the final report and if it is unsatisfactory, provisions Nirmaljit Singh Hoon Vs. The State
175 to 180, 182 to 190, 202 to 204, 206 to 211(I), the A.P.P. should refer to the superior police of West Bengal, AIR 1972 SC 2639
215, 217, 223 to 225A(b), 225B, 228, 229, 229A, officer for disciplinary action -Bhulabai wd/o *After S.156(3) order, original
241, 254, 262, 263A, 264 to 267, 269 to 280, 282 Barkaji Matre Vs. Shankar Barkaji Matre and complaint/application and order be retained on
to 292, 294, 294A, 295, 296, 297, 298, 304A, 309, others, 1999 (3) Mh.L.J. 227. record and certified/attested copies be sent to
318, 323, 334, 336, 337, 338, 341 to 343, 345, 5. S.169: Release by Police: When the the police.
352, 353, 356 to 358, 374, 379*, 380*, 381*, 385, investigation could not be completed within 24 *If Cr.M.A./Cri. Case is disposed off after
403, 411*, 414*, 417, 421 to 424, 426, 427, 428, hours from arrest: (i) if there are grounds for S.156(3) order as the matter would come again
434, 447, 448, 451, 453, 454, 456, 461, 465, 482, believing that the accusation or information is under section 173(2) of the Cr.P.C., direction be
483, 486, 489, 489E, 490, 491, 498, 500, 501, 502, well-founded, PSO shall forward the accused to given to tag the R & P with the final report
504, 506(I) to 508, 510 *when the stolen property such Magistrate (ii) if PSO finds no sufficient whenever filed.
is of not more than Rs.2,000. evidence or reasonable ground of suspicion to *Magistrate cannot direct C.B.I. (C.B.I.S.P.,
S.320: Compoundable I.P.C. Offences . justify the forwarding of the accused to a Jaipur Vs. State of Rajasthan & anr., AIR 2001
(* With permission): 298, 312*, 323, 325*, 334, Magistrate (i.e. u/s 167) such officer shall SC 668) or C.I.D. -State Of Maharashtra Vs.
335, 337*, 338*, 341, 342, 343, 344, 346, 352, release him on bond. Ibrahim A. Patel , 2008 CriLJ 1496 (Bom)(DB).
355, 357*, 358, 379,, 381*, 403, 406*, 407, 408*, *Magistrate does not come in picture under *After investigation Police to submit charge
411, 414, 417, 418*, 419, 420*, 421, 422, 423, S.169 -Mohd. Rafique Abdul Rahman Vs. State sheet before “the court competent to take
424, 426, 427, 428, 429, 430, 447, 448, 451 (other of Maharashtra, 2013 Bom.C.R. (Cri) 251. cognizance” -Satvinder Kaur Vs. State (1999) 8
than theft), 482, 483, 486, 491, 494*, 497, 498, *S.169 Report is report of action taken by IO SCC 728
500* (if against the dignitaries then permission and not final report. Mere report without final 3. S.173: Final report i.e. Charge sheet or Final
needed), 501, 502, 504, 506, 508 and 509* [When report under S.173 is not tenable Maroti Vs. Summaries A, B, C or Abated to be filed on
the same act is an offence under different The State of Maharashtra and ors. 2015 (4) completion of investigation. (Rule 203 of the
sections/Act and one of them is non- Bom.C.R. (Cri) 504 Bombay Police Manual, Volume III Summaries
compoundable, then compoundable is not 6. S.167(5): Magistrate to stop further A B and C explained State Vs. Shankar Bhaurao
permissible-Rameshchandra J. Thakkar Vs. investigation of summons case, if not Khirode, AIR 1959 Bom 437)
Assandas Parmanand Jhaveri,AIR 1973 SC 84] completed in 6 months from date of arrest of *Criminal Complaint by Court/Magistrate under
S.320(8): Acquittal of accused when offence is the accused. But the already collected evidence Sec.340 or 341is deemed to be a case on
compounded. may be used for charge-sheet. Police Report in view of Sec.343]
S.321: Withdrawal of Prosecution by State: Bail 4. S.173(8): Magistrate has jurisdiction to direct
Discharge before charge & Acquittal after charge. 7. S.436: Bail in bailable offences is rule Rasiklal further investigation Chandra Babu Vs State
Remand and ors. (2015) 8 SCC 774.
Vs. Kisore Khanchand Wadhwani, AIR 2009 SC
2. S.41(1) and 41A: Directions to police and 5. S.164: Magistrate to record the confession of
1341
Magistrates for release of accused arrested on the accused and statement of witness before
unjustifiable grounds -Arnesh Kumar Vs. State 8.  S.167(2): Right to bail is defeated if not commencement of inquiry or trial.
of Bihar, AIR 2014 SC 2756 availed already Mr. Uday Mohanlal Acharya Vs. -Obtain signature of accused on the
3. S.57: Special Order of Magistrate about custody State of Maharashtra, 2001 Cri.L.J. 4563 confession-S.281 Cr.P.C. & Chapter-1, Cr.
of arrested prior to production before 9. S.167(2): Application filed for default bail Manual.
Magistrate. -Statement of witness be recorded as per
cannot be rejected due to filing of charge sheet
4. 167(2): Custody of accused beyond the 24 chapter-23, Cr.P.C. (Witness need not sign the
before decision of bail application Union of
hours: statement.)
India (UOI)Vs.Nirala YadavAIR 2014 SC 3036
1.S.167(2): Magistrate has to look into facts S.468(2): Limitation For Taking
before granting remand Manubhai Ratilal Patel 10. S.167(2): When Charge sheet is filed and Cognizance
Tr. Ushaben Vs. State of Gujarat and ors., AIR Sanction awaited Hence no bail Suresh Kumar 1. (i): 6 months if the offence is punishable with
2013 SC 313 Bhikamchand Jain Vs. State of Maharashtra and fine.
2.S.167(2) Magistrate has to judicially Anr., (2013) 3 SCC 77 (ii):1 year if punishable with imprisonment up
scrutinize circumstances and if satisfied order 11. S.436: The accused in bailable offence bailed to one year.
police custody Satyajit Ballulbhai Desai and out by police need not apply to the Maigsitrate (iii): 3 years if punishable with imprisonment
Ors. Vs. State of GujaratI, (2015) CCR 321 for fresh bail Monit Malhotra Vs. The State of exceeding 1 year but not exceeding 3 years.
(SC) Rajasthan, 1991 Cri.L.J. 806 (For 3 & more years No limit)
3.S.167(2) Absconding accused arrested after 12. S.437: Bail in Non-bailable offences. (When Cognizance & Process
charge sheet can be remanded to PCR there is power to grant bail, power to grant S.190(1)(a): Cognizance of offence upon
-Central Bureau of Investigation Vs. Rathin Interim bail is inherent -Sukhwant Singh & Ors. complaint
Dandapat and ors.AIR 2015 SC 3285 Vs. State Of Punjab (2009) 7 SCC 559) S.190(1)(b): Cognizance upon Police Report.
13. S.437 Second Opinion -When medical
reason is a ground for bail the Magistrate can
*Magistrate can proceed against accused not S.193: On committal, Sessions Court gets due to invalid sanction State of Karnataka through
charge sheeted Rajinder Prasad vs. Bashir and ors. jurisdiction to take cognizance against new accused CBI Vs. C. Nagarajaswamy, AIR 2005 SC 4308
AIR 2001 SC 3524 on same material Kishun Singh and ors. Vs. State S.307 is invocable at post-commitment while
*Trial is not vitiated if the cognizance is valid H.N. of Bihar (1993) 2 SCC 16 S.306 is invocable at pre-commitment stage
Rishbud and Inder Singh Vs. The State of Delhi AIR Chapter XIX -Trial of Warrant Cases Narayan Chetanram Chaudhary and Anr.Vs. State of
1955 SC 196 A: In State Cases (On Police Report) Maharashtra, AIR 2000 SC 3352
*S.190 Notice to informant is necessary if S.239: Magistrate can Discharge Accused, if the S.313: Accused be informed that he can decline to
cognizance is not taken Chittaranjan Mirdha Vs. charge is groundless. give answers and his inculpatory statements may
Dulal Ghosh and anr. (2009) 6 SCC 661 *S.227 and 239 Material produced by accused be taken into consideration Laxman alias Laxmayya
S.190(1)(c): Cognizance on other than police not to be considered (Satish Mehra (1996) 9 SCC Vs.The State of Maharashtra 2012 Cri.L.J. 2826
report or upon Magistrate's own knowledge. 766 Overruled)-State Of Orissa vs Debendra Nath S.319: Larger Bench explained-A person
S.190: Magistrate can take cognizance against Padhi A.I.R. 2005 SCC 369 discharged can be arraigned again as accused after
other accused on subsequent date also Vijay Kant S.241: Conviction on Pleading guilty. an inquiry as contemplated by Section 300(5) and
Thakur and Anr. Vs. Stale of Bihar and anr. 2010 B: In Other Than Police Report 398 (5JJs) Hardeep Singh etc. Vs.State of Punjab
Cri.L.J. 4190. S.244: Evidence Before Charge in warrant cases and Ors. AIR 2014 SC 1400.
S.191: Transfer of case at the instance of the on complaint. S.436: When the accused furnished bail bonds
accused in case of S.190(1)(c), Cr.P.C. S.245(2): Discharge of Accused in Warrant-case before the police officer in bailable offence, for his
S.195(1): Bar to take cognizance of certain when the charge is groundless. appearance before the Court, fresh bail is not to be
offences except on the complaint by competent S.249: Discharge of accused before charge in asked for.-Mani Malhotra Vs. State of Rajastan,
Public Servant. warrant cases on complaint if the Complainant 1991 Cr.L.J.806
S.197: No cognizance against public servants and remains absent on the day fixed for hearing and S.437(6): Compulsory bail of accused in case the
judges without prior sanction.[See:AIR1956SC44 & when the offences are Non-cognizable or trial by Magistrate is not concluded in 6months
AIR1998SC1524 =Whether sanction is necessary or compoundable. from the date of commencement.
not may depend from stage to stage]] C: In State & Private Cases S.437A: Bail at the conclusion of Every Trial.
S.200: Examination of complainant and witnesses S.248(1): Acquittal on conclusion of Trial S.446: Forfeiture of Bonds and Penalty.
present and obtain their signatures. S.248(2): Conviction on conclusion of Trial. S.446A: Accused cannot be released on mere
S.201(a): Return of complaint for presentation Chapter XX -Trial in Summons Case P.R. Bond if he breached bail bond.
before proper court. S.251: State Substance of Accusation and record S.344: Sum. Procedure for false evidence.
S.202: Police investigation order: * Unless plea. S.345: Cases of Contempt U/s. 175, 178, 179,
S.156(3) in invoked, first examine the complainant S.252: Conviction on pleading guilty. 180, 228: Before rising of the court, the court may
and the witnesses present. [AIR 1980 SC 1780 S.255(1): Acquittal on Conclusion of Trial take cognizance of the offence and after show
Kewal Kishan Vs. Surajbhan = Sessions triable S.255(2): Conviction on Conclusion of Trial. cause opportunity, sentence to fine up to Rs.200/-
offence do not order police investigation u/s. 202]. S.255(2) and Prohibition Act S.66(1)(b) I.D. S.I. for 1month.
S.204(1)(a): Process of summons in summons Hearing on sentence gives accused to show special Conviction of Accused
case. reason for less than minimum punishment Jethalal In Warrant Case : Hear the Accused on the
S.204(1)(b): Process of summons or warrant in Girdharlal Vs. State of Gujarat (1984) 2 GLR 964 question of sentence, if probation benefit is not
warrant case. S.256: When, on the day fixed for appearance of given to him.
No restoration of dismissed complaint by accused or subsequent date complaint remains * Chapter XI of Cr. Manual: Call the Report of Dist.
Magistrate -AIR 1986 SC 1440 absent, Complaint case may be dismissed and the Probation Officer u/s.4 of Prob. of Off. Act.
S.210: Procedure in case of a complaint accused stands acquitted. *S.361: (S.6 of P.O. Act): Mandatory to give
case and simultaneous police investigation. S.257: When complaint is withdrawn, the accused “Special Reasons” reasons for not giving benefit of
If Police already started investigation stop the stands acquitted. probation- Eliamma and Anr. Vs. State of Karnataka
Inquiry/trial of the complaint till completion of S.258: In Summons-cases on Police Report, (2009) 11 SCC42
investigation. If charge sheet is filed and JMFC/CJM can stop proceeding in certain cases. P.O. Act S.6 Age as on date of conviction and not of
cognizance is taken try together both the cases as Chapter XXI -Summary Trials offence to be considered for probation -(4Judges)
if it were a case on police report. If the police S.260: Magistrate having summary powers can Ramji Missir and Anr.Vs.The State of
report does not relate to any accused in the proceed under Chapter XXI. Otherwise Proceed BiharAIR1963SC1088
complaint case or if the Magistrate does not take under Chapter XX in summons cases & ChapterXIX S.363: Mandatory to furnish free copy to accused
cognizance of any offence on the police report, he in warrant cases. (Offences under certain Acts ex. if sentence of imprisonment is awarded.
shall proceed with the inquiry or trial Bombay Prohibition Act, Food Adulteration Act, S.389(3): Bail by Trial Court to the person
*Magistrate shall issue notice to the complainant Forest Act etc. N.I. Act may be tried summarily sentenced to imprisonment of not more than 3
before issuing “B” Final to police. when the Act provides to try them summarily years. It is deemed suspension of sentence:
Special Summons notwithstanding the summary powers given in Exemption & Separation of Trial
S.206: Special summons in petty offences i.e. .pun. Cr.P.C.). S.205: Exemption of personal appearance of
with fine not more than Rs.1,000.[Similar:S.208 S.262: In Summary Trial except under special accused while issuing summons in summons case.
M.V.Act and 151A of Bom.Police Act etc ] enactments imprisonment cannot exceed 3 S.317: Exemption of personal appearance of
S.253: Conviction on pleading guilty in special months. accused during trial and separation of trial of
summons. S.259: In offences punishable with more than 6 absent accused.
S.209: Committal of case to Sessions months imprisonment, Court can try a summons S.294: Notice to admit documents.
Court case as a warrant case. S.350: Non-Attendance of witness on summons
*S.209 Without obtaining the forensic report General -Inquiry & Trial Rs.100 fine.
committal by Magistrate is mechanical and without S.231: Additional witness for prosecution can be S.428: Set off of period undergone from attest
applying mind Chhotan Sao and anr Vs. State of allowed State of Bombay Vs. Mohamadh Khan, AIR till release.
Bihar AIR 2014 SC 907 1960 Bom 150. S.421: Recovery of fine
*Supply copies U/s 207 (police case) and 208 (in S.235(2) To hear on sentence de novo trial not S.431: Recovery of other than Fine.
complaint case) to the accused. necessary Narpal Singh & Others Vs State Of S.357 (S.5 of P.O. Act) : Compensation to the
*When the accused is unrepresented inform him Haryana AIR 1977 SC 1066 victim
his right to have a counsel at the expenses of Govt. S.235(2) Accused upon conviction can be sent to S.309: Day-to-day trial, adjournments and
and mention it in committal order. jail until hearing on sentence Ram Deo Chauhan Recording Evidence in absence of accused in
*When the accused is in custody remand him to jail Vs. State of Assam (2001)5SCC714 certain situation.
till the trial is over (Limit of 15 days u/s 167 is not S.296: What is formal evidence which can be Property Disposal
applicable here). Issue Committal Warrant (Form taken on affidavit is explained State of Punjab Vs. S.451: Disposal of property produced before Court
III Chapter XXXIII Cri. Manual) instead of earlier Naib DinAIR2001SC3955 pending trial.
Remand warrant. Advisable to mention date on S.299 and 193: After committal Sessions Judge S.457: Disposal of property Not-Produced before
Remand warrant for production of the accused has jurisdiction to summon accused named in Court pending trial.
before the sessions court to avoid languishing column no.2 Constitution Bench Dharam Pal and *S.457 is not applicable in view of S.50 of Wild Life
indefinitely. Ors. Vs. State of Haryana and Anr. 2014(3)SCC 306 Act State of U.P. and anr. Vs. Lalloo Singh, (2007) 7
*When the accused is present on bail give him S.299: Unless common evidence is recorded the SCC 334
date to appear before the court of sessions. evidence against the tried accused cannot be read S.452: Final disposal of property.
*Send the R & P and Property to Sessions court. against absconding accused Smt. Urmila Sahu Vs.
*Notify the committal to the P.P. (Use Form State of Orissa1998CriLJ1372 Orissa sudhakarvyarlagadda@gmail.com
No.31). S.300: & P.C. Act S.19 Fresh trial not barred when
the Court had no jurisdiction to take cognizance